The Ownership Dispute And Its Solutions In Trademark License

With the development of the times, the trademark use patterns show a trend ofdiversification and the trademark license is widely used in modern society.Meanwhile, the trademark license research has been insufficient academically whichis far from mature in theory and leads to a lot of difficult and urgent problems to beanswered in practice. For example, the “Wang Laoji” trademark dispute, the case cangive people a lot of enlightenment. What it proposes in trademark license is if theadded value of the licensed trademark is significantly obvious by the efforts of thelicensee, how to deal with the late-emerging goodwill after the permit expires?Current research does not provide the answer. Therefore, this paper aims through theinvestigation and analysis of the case, combines with the Civil Law and IntellectualProperty Right Law, to provide a solution for the case, at the same time put forwardsome feasible suggestions for the perfection of the Trademark Law of China.The paper consists of an introduction, body and conclusion. Among them, thebody is divided into five parts.The first part briefly introduces the basic details of “Wang Laoji” trademarkdispute and describes both sides and the whole dispute respectively, aiming to analyzeand discuss for the case below.The second part summarizes dispute focuses of the case, mainly in two aspects,i.e.“Wang Laoji” added value ownership and the legality of transferring "WangLaoji" goodwill legal person by “Jia Duobao”. This section aims to clarify the ideaand the following will develop in these two big problems, providing factual data.The third part enumerates the different views of the two major focuses andsummarizes their respective arguments. Through citing this comparison, this section isdesigned to reveal the differences in theoretical basis and demonstration ideas behindthe two very different views, so as to pave the way for the following conclusions andrecommendations.The fourth part is the conclusion statement of the case study. Based on the CivilLaw, Intellectual Property Rights and the Philosophy of Right, this sectiondemonstrates the legitimacy of Jia Duobao’s entitling “Wang Laoji” value-addedgoodwill, and explains in detail whether the transferring of “Wang Laoji” value-added goodwill by “Jia Duobao” is contrary to the principle of good faith and suspected ofunfair competition, then comes to the conclusion that there is nothing wrong with thisact but a legal and reasonable conclusion. This part is the focus of the article, aimingat clarifying the theoretical controversy for the case of “Wang Laoji” and providingthe solution.The fifth part, also the last part of the whole article, summarizes theenlightenments of "Wang Laoji" case to the trademark license and proposes somesuggestions for the system construction. This section aims to seize the historyopportunity of the third revision of the Trademark Law, making some contributions tothe improvement of the Trademark Law of China with "Wang Laoji" case.